庭审实质化改革对证人出庭的挑战与应对

The Challenges and Responses of Trial Substantive Reform to Witnesses Appearance in Court

当前审判依赖案卷、控诉呈交卷宗以及辩护依托卷宗,控辩审三方在交叉询问制度的缺失下共造了人证出庭率低且出庭有效性不足的问题。在人证出庭率低的表象背后,暴露的是长期以侦查为中心的诉讼制度形成的案卷笔录审判方式习惯的根源。中央决策层针对提出推进以审判为中心的诉讼制度改革,尤其是以庭审实质化为核心的改革方案的提出,为人证调查方式变革提供了契机。人证出庭如何利用契机,建立以关键证人识别机制为核心的方案应对庭审实质化成为必要的思考。

The court trial at present relies on the case file, the complaint submission file and defense file. In the absence of the cross-examination system, the three parties of prosecuting, accused and justice have jointly created the problems of low rate and insufficient effectiveness of witness appearance in Court. The problems reveal the root of the record trial custom formed by the litigation system which centers on investigation for a long time. Proposed by the central decision-making level, the trial-centered litigation system reform, especially with the trial substantive reform as its core, provides an opportunity for the reform of the ways of witness investigation. Making use of this opportunity, it has been a necessary consideration how witness appearance in court could establish the key witness identification mechanism as the core of the program to deal with the substantive trial.